105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

Given the current state of military technology, fewer people are signing up to join the service than was once perhaps the case. This, along with a general, growing distaste for constant conflict, has led the United States military to consider other options. If you fit certain characteristics, you may be eligible to claim U.S. citizenship after your military service has been completed; still, this is not the case for every enlisted person. Nonetheless, it is a good idea to familiarize yourself with the program.

Origins of the Program

Many, many people have joined the U.S. military in order to seek citizenship, but only since 2002 has the process been expedited specifically for military personnel. In the days following the 9/11 attacks, President George W. Bush authorized a quicker citizenship processing time for military recruits via executive order, knowing that the military would need to grow in size rapidly as it was pledged to attack terrorist cells around the globe. Recruits with potential to become translators or cultural experts were prioritized; however, anyone who met the requirements was permitted to go through the process. In 2009 it was expanded, with recruits getting the opportunity to naturalize at the end of basic training.

When a person applies for a nonimmigrant visa to visit the United States, there are strict requirements he or she must fulfill before the visa will be granted. (This applies even to countries that are a part of the Visa Waiver program, if they have a specific purpose in coming into the country.) While these requirements have been reviewed and slated for modification in recent months, there are certain factors that remain unchanged. One of these is the issue of immigrant intent. If you do not understand the rule, immigration issues may result.

Presumption of Intent – By Law

Section 214(b) of the Immigration & Nationality Act states explicitly that U.S. consular officers must presume that everyone who applies for a nonimmigrant visa has immigrant intent—that is, the intent to remain in the United States despite the fact that nonimmigrant visa applicants pledge to return home after their business is concluded. This means that it is not personal—no matter how you appear or how you speak, the consular officer is required to suspect that you have lied on your application.

If a person requires a visa to visit the United States, as opposed to being able to enter on the Visa Waiver program, the most common visa he or she will seek is the B1/B2 visa. The B1 category is for business travel, with certain restrictions, and the B2 category is for pleasure. However, many misunderstand the scope of these visas and find themselves in trouble. If you fall into that trap, it can cause you immigration problems at a later instance.

You Cannot Run Your Business Under a Business Visa

Because B1/B2s are referred to as ‘business/pleasure’ visas, many who come to the U.S. for work-related reasons assume that they are able to do anything work-related under the visa and still have it be legal. This is not specifically the case.

Since the new administration took office in January 2017, the number of immigrants detained while their cases are pending has more than doubled, from 27 percent to 61 percent of the total. However, border crossings have dropped significantly, which means that more people from the interior of the United States—that is, people who have been living here for some time—are being arrested and detained. In some cases, even those who have legal status have been mistakenly detained by Immigration & Customs Enforcement (ICE). If it has happened to your family member or loved one, regardless of his or her legal status, there may be steps you can take to have him or her released.

Location is Critical

It is becoming increasingly more common for immigrants, especially the undocumented, to be moved to locations distant from where they have been living, so as to prevent flight. However, this can frustrate attempts by family members to assist or comfort them. As such, knowing your loved one’s alien number or A-number is the first imperative. ICE maintains a locator tool that is updated reasonably frequently, and inputting the A-number will usually give you a location unless an arrest was very recent (within hours). There is no way to tell how often your loved one may be moved, but it at least gives families a place to begin.

On April 21, 2017, a Nicaraguan man applying for asylum in Florida was deported back to his native country, despite a history of threats made against him, and the fact that his application was in process. There has been considerable outrage over this matter, but also some confusion.

Immigration laws are not being enforced in the manner to which most people are accustomed, and this can lead to paralysis. Understanding your rights can help protect you.

Let us start helping you with a FREE initial consultation.

You do not have JavaScript enabled. Good luck with that.

NOTE: Fields with a * indicate a required field.

*

*

*

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you: